BHAGWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No. 16451 of 2023, which is first application under Sec. 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellants with an alternative prayer for grant of temporary bail as record has not been received.

(2.) This Criminal Appeal assails the judgment dtd. 12/8/2023 passed by leaned Ist Additional Sessions Judge Dabra, District Gwalior in Special Session Trial No.72/2017, whereby appellants have been convicted under Ss. 147 of IPC and has been sentenced to undergo rigorous imprisonment of 1 year and Sec. 325/129 of the I.P.C. and has been sentenced to undergo R.I. of 3 years with fine of Rs.3000.00 with default stipulations.

(3.) Learned counsel for the appellants submits that the trial Court has wrongly been convicted the appellants without proper appreciation of facts of the case as well as evidence available on record. It is further argued that the cross case was also registered against the complainant party on report of accused party in which this appellant- Bhagwan Singh has received almost 14 injuries including fracture. In this case, as alleged Hemant sustained grevious injury on his little finger. In this respect treating doctor has opined that the injury may be caused due to fall. The appellants were on bail during trial and have not misused the liberty so granted. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.